Holmes v. Rogers
California Supreme Court
Appeal from the Twelfth District. On the 31st day of July, 1854, Edmund Laffan filed a bill in equity against Isaac E. Holmes and plaintiff, claiming that Holmes had been left by him as his agent in charge of certain real estate in the city of San Francisco; that he had, in violation of his trust, caused said property to bo sold on execution against him, Laffan, and had become the purchaser thereof, and afterwards had conveyed the same to the present plaintiff, James G-.…
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Appeal from the Twelfth District. On the 31st day of July, 1854, Edmund Laffan filed a bill in equity against Isaac E. Holmes and plaintiff, claiming that Holmes had been left by him as his agent in charge of certain real estate in the city of San Francisco; that he had, in violation of his trust, caused said property to bo sold on execution against him, Laffan, and had become the purchaser thereof, and afterwards had conveyed the same to the present plaintiff, James G-. Holmes, who had united with the said Isaac E. Holmes, his brother, to defraud the said Laffan—and the bill prayed an…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
This is a bill filed to vacate a decree rendered in a case of Edmund Laffan v. The Plaintiff and others, on the 18th July, 1855.
It is not a bill of review technically so called, for it is not brought either for error appearing on the record, or upon the discovery of any new matter. (Story’s Eq. Plea. 450.)
The bill charges that, on the 16th December, 1851, Edmund Laffan was the owner of certain real estate in the city of San Francisco, and that Isaac E. Holmes was his agent and Attorney; that Holmes became, in various ways, the owner of the property, and conveyed it to…
2Cases cited2 opinions
- French v. ShotwellNew York Court of Chancery · 1821
- French v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1822
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